Wyoming 2025 Regular Session

Wyoming House Bill HB0049 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-01031HB0049
4	4	HOUSE BILL NO. HB0049
5	5	Treatment courts-amendments.
6	6	Sponsored by: Joint Judiciary Interim Committee
7	7	A BILL
8	8	for
9	9	1 AN ACT relating to courts; amending the Court Supervised
10	10	2 Treatment Program Act to include mental health treatment;
11	11	3 authorizing court supervised treatment programs to accept
12	12	4 participants from any other jurisdiction in this state;
13	13	5 amending the Public Defender Act to allow the public
14	14	6 defender to participate as a team member in court
15	15	7 supervised treatment programs and represent participants in
16	16	8 those programs; changing the term "substance abuse" to
17	17	9 "substance use"; amending definitions; creating
18	18	10 definitions; making conforming amendments; authorizing
19	19	11 rulemaking; repealing provisions; and providing for an
20	20	12 effective date.
21	21	13
22	22	14
23	23	15 2025STATE OF WYOMING25LSO-01032HB00491. W.S. 5-12-104(a)(ii), (iii), (v) through
24	24	2 (viii), (xii), (xv) through (xvii), by creating new
25	25	3 paragraphs (xviii) through (xx) and by renumbering (xviii)
26	26	4 as (xxi), 5-12-105(a), (b)(iii), by creating a new
27	27	5 paragraph (iv) and by renumbering (iv) as (v), 5-12-106(b),
28	28	6 5-12-109(b)(intro), (c), (d) and by creating a new
29	29	7 subsection (e), 5-12-110(b)(intro), 5-12-111(a)(intro),
30	30	8 5-12-115(a)(iii), (v) and by creating a new paragraph
31	31	9 (vii), 7-6-104(d) and by creating a new subsection (e),
32	32	10 7-13-1301(a)(v), 7-13-1302, 7-13-1303(a), 7-13-1708(c),
33	33	11 14-6-219(a), 14-6-402(a)(xxii), 14-6-419(a), 31-5-233(e),
34	34	12 31-5-234(e) and 35-7-1033(b)(i), (ii) and (iv) are amended
35	35	13 to read:
36	36	14
37	37	15
38	38	16
39	39	17 (a) As used in this act:
40	40	18
41	41	19 (ii) "Applicant" means
42	42	20 governing of a city, town or county, a tribal
43	43	21 government of either the Northern Arapaho or Eastern
44	44	22 Shoshone tribes of the Wind River Indian Reservation or a 2025STATE OF WYOMING25LSO-01033HB0049
45	45	1 nonprofit organization recognized under 26 U.S.C.
46	46	2 501(c)(3);
47	47	3
48	48	4 (iii) "Continuum of care" means a seamless and
49	49	5 coordinated course of substance
50	50	6 education and treatment, mental health treatment or any
51	51	7 designed to meet the needs of
52	52	8
53	53	9participants;
54	54	10
55	55	11 (v) "Dual diagnosis" means
56	56	12 and a co-occurring mental health disorder;
57	57	13
58	58	14 (vi) "Participant" means
59	59	15
60	60	16
61	61	17
62	62	18
63	63	19 provided in title 14 of the Wyoming statutes who has been
64	64	20 referred to and accepted into a program;
65	65	21
66	66	22 (vii) "Participating judge" means the district,
67	67	23 juvenile, circuit, municipal or tribal court 2025STATE OF WYOMING25LSO-01034HB0049
68	68	1 judge or magistrate
69	69	2 acting as part of a program team;
70	70	3
71	71	4 (viii) "Program"
72	72	5 local court supervised
73	73	6 treatment that
74	74	7 with rules and regulations adopted by the Wyoming
75	75	8 supreme court;
76	76	9
77	77	10 (xii) "Referring judge" means the district,
78	78	11 juvenile, circuit, municipal or tribal court judge or
79	79	12 magistrate who refers a
80	80	13
81	81	14 to a program;
82	82	15
83	83	16 (xv) "Substance assessment"
84	84	17 means as defined in W.S. 7-13-1301(a)(v);
85	85	18
86	86	19 (xvi) "Substance treatment"
87	87	20 means treatment designed to provide education,
88	88	21
89	89	22 substance abuse use disorder and preventing its return;
90	90	23 2025STATE OF WYOMING25LSO-01035HB00491 (xvii) "Substance offender" means a person
91	91	2 a substance
92	92	3 related offense or an offense in which substance
93	93	4 is determined from the evidence to have been a significant
94	94	5 factor in the commission of the offense;
95	95	6
96	96	7
97	97	8
98	98	9
99	99	10
100	100	11
101	101	12
102	102	13
103	103	14
104	104	15
105	105	16
106	106	17
107	107	18
108	108	19 (xxi)
109	109	20 through 5-12-118.
110	110	21
111	111	22
112	112	23 2025STATE OF WYOMING25LSO-01036HB00491 (a) The legislature recognizes the critical need in
113	113	2 this state for treatment programs to break the cycle of
114	114	3 substance
115	115	4 and the crimes committed as a result thereof.
116	116	5rograms shall be facilitated
117	117	6
118	118	7
119	119	8 judicial supervision, probation, substance
120	120	9 assessment, substance
121	121	10 testing, monitoring, treatment
122	122	11 aftercare for participants.
123	123	12
124	124	13 (b) The goals of the programs funded under this act
125	125	14 shall be:
126	126	15
127	127	16 (iii) To strive for
128	128	17 of participants;
129	129	18
130	130	19
131	131	20
132	132	21
133	133	22 2025STATE OF WYOMING25LSO-01037HB00491 (v) To monitor the services provided to
134	134	2 participants.
135	135	3
136	136	4
137	137	5
138	138	6 (b) eferring in a particular case
139	139	7 may be participating judge in that participant's
140	140	8 treatment program, provided the participating judge shall
141	141	9 not act upon any motion to revoke probation that may be
142	142	10 filed in the original criminal or juvenile case, nor in
143	143	11 sentencing or disposition.
144	144	12
145	145	13
146	146	14
147	147	15
148	148	16 (b) Any district, juvenile, circuit, municipal or
149	149	17 tribal court judge, or magistrate, may refer
150	150	18 a program.
151	151	19
152	152	20
153	153	21
154	154	22
155	155	23 2025STATE OF WYOMING25LSO-01038HB00491
156	156	2 (c) articipation in a program
157	157	3 consent
158	158	4
159	159	5
160	160	6
161	161	7 in accordance with a
162	162	8 written agreement between the participant and the program
163	163	9 team. The agreement shall include the participant's consent
164	164	10 to release of medical and other records relevant to his
165	165	11 treatment history and assessment that meets the
166	166	12 requirements of 42 U.S.C. 290dd-2(b) or 42 C.F.R. part
167	167	13 2.31, as applicable. Prior to a participant's entry into a
168	168	14 written agreement, the
169	169	15 shall that he may be
170	170	16 subject to a term of probation that exceeds the maximum
171	171	17 term of imprisonment established for the particular offense
172	172	18 charged, as provided in W.S. 5-9-134 and 5-12-116.
173	173	19
174	174	20 (d) Nothing in this act shall confer a right or an
175	175	21 expectation of a right to participate in a program, nor
176	176	22 does this act obligate a program team to accept any
177	177	23 proposed participant. Neither the establishment of a 2025STATE OF WYOMING25LSO-01039HB0049
178	178	1 program nor anything herein contained shall be construed as
179	179	2 limiting the discretion of a prosecuting attorney in regard
180	180	3 to the prosecution of any criminal or juvenile case.
181	181	4
182	182	5
183	183	6
184	184	7
185	185	8
186	186	9
187	187	10
188	188	11
189	189	12
190	190	13
191	191	14 (b) The participating judge may impose reasonable
192	192	15 sanctions under the written agreement, including but not
193	193	16 limited to, expulsion from the program, incarceration for a
194	194	17 period not to exceed thirty (30) days if the participant is
195	195	18 an adult , or
196	196	19 detention for a period not to exceed thirty (30) days if
197	197	20 the participant is a juvenile
198	198	21, if the participating judge finds that
199	199	22 since the last staffing the participant:
200	200	23 2025STATE OF WYOMING25LSO-010310HB00491
201	201	2
202	202	3
203	203	4 (a) Each applicant seeking to establish a program
204	204	5 shall create a program team, consisting of the following
205	205	6 members, all of whom shall be appointed by
206	206	7
207	207	8 each appointee:
208	208	9
209	209	10
210	210	11
211	211	12
212	212	13 (a) Participants may be required to provide access to
213	213	14 the following information, the collection and maintenance
214	214	15 of which by the program team shall be in a standardized
215	215	16 format pursuant to rules and regulations of the supreme
216	216	17 court:
217	217	18
218	218	19 (iii) Substance history,
219	219	20 including and prior
220	220	21 treatment;
221	221	22 2025STATE OF WYOMING25LSO-010311HB00491 (v) Number and health of children born to
222	222	2 participants;
223	223	3
224	224	4
225	225	5
226	226	6
227	227	7
228	228	8
229	229	9 (d) A needy person's right to a benefit under
230	230	10 subsection (a),
231	231	11 affected by his having provided a similar benefit at his
232	232	12 own expense, or by his having waived it, at an earlier
233	233	13 stage.
234	234	14
235	235	15
236	236	16
237	237	17
238	238	18
239	239	19
240	240	20
241	241	21
242	242	22
243	243	23 (a) As used in W.S. 7-13-1301 through 7-13-1304: 2025STATE OF WYOMING25LSO-010312HB00491
244	244	2 (v) "Substance assessment"
245	245	3 means an evaluation conducted by a qualified person using
246	246	4 practices and procedures approved by the department of
247	247	5 health to determine whether a person has a need for alcohol
248	248	6 or other drug treatment and the level of treatment services
249	249	7 required to treat that person;
250	250	8
251	251	9
252	252	10
253	253	11
254	254	12 All persons convicted of a third misdemeanor under W.S.
255	255	13 31-5-233(e) or a felony shall receive a substance
256	256	14 assessment. The substance
257	257	15 assessment shall be part of a presentence report if
258	258	16 prepared. The cost of the substance
259	259	17 assessment shall be assessed to and paid by the offender. A
260	260	18 person who has undergone a substance
261	261	19 assessment pursuant to W.S. 31-5-233(e) may receive a
262	262	20 second assessment under this section if the court finds
263	263	21 that enough time has passed to make the first assessment
264	264	22 inaccurate.
265	265	23 2025STATE OF WYOMING25LSO-010313HB00491
266	266	2
267	267	3
268	268	4 (a) Except as provided in subsection (c) of this
269	269	5 section, notwithstanding any other provision of law,
270	270	6 qualified offenders may be placed on probation under W.S.
271	271	7 7-13-301, receive a suspended sentence under W.S.
272	272	8 7-13-302(a) or placed on probation under W.S. 35-7-1037.
273	273	9 The sentence or probation order shall set forth the terms
274	274	10 of a treatment program based upon the substance
275	275	11 assessment and any other terms and conditions as
276	276	12 the court may deem appropriate under the circumstances, and
277	277	13 require the offender to satisfactorily complete the
278	278	14 treatment program. The court shall include in the sentence
279	279	15 or probation order any provisions necessary to reasonably
280	280	16 protect the health of the offender.
281	281	17
282	282	18
283	283	19
284	284	20
285	285	21 (c) Before ordering participation in the program, a
286	286	22 court may require the person to undergo a substance 2025STATE OF WYOMING25LSO-010314HB0049
287	287	1
288	288	2 assessment shall be paid by the offender.
289	289	3
290	290	4
291	291	5
292	292	6
293	293	7
294	294	8 (a) Any time after the filing of a petition, on
295	295	9 motion of the district attorney or the child's parents,
296	296	10 guardian, custodian or attorney or on motion of the court,
297	297	11 the court may order the child to be examined by a licensed
298	298	12 and qualified physician, surgeon, psychiatrist or
299	299	13 psychologist designated by the court to aid in determining
300	300	14 the physical and mental condition of the child. The
301	301	15 examination shall be conducted on an outpatient basis, but
302	302	16 the court may commit the child to a suitable medical
303	303	17 facility or institution for examination if deemed
304	304	18 necessary. Commitment for examination shall not exceed
305	305	19 fifteen (15) days. Any time after the filing of a petition,
306	306	20 the court on its own motion or motion of the district
307	307	21 attorney or the child's parents, guardian, custodian or
308	308	22 attorney, may order the child's parents, guardians or other
309	309	23 custodial members of the child's family to undergo a 2025STATE OF WYOMING25LSO-010315HB0049
310	310	1 substance assessment at the expense of
311	311	2 the child's parents, guardians or other custodial members
312	312	3 of the child's family and to fully comply with all findings
313	313	4 and recommendations set forth in the assessment. Failure to
314	314	5 comply may result in contempt proceedings as set forth in
315	315	6 W.S. 14-6-242.
316	316	7
317	317	8
318	318	9
319	319	10 (a) As used in this act:
320	320	11
321	321	12 (xxii) "Substance assessment"
322	322	13 means an evaluation conducted by a qualified person using
323	323	14 practices and procedures approved by the department of
324	324	15 health to determine whether a person has a need for alcohol
325	325	16 or other drug treatment and the level of treatment services
326	326	17 required to treat that person;
327	327	18
328	328	19
329	329	20
330	330	21 (a) Any time after the filing of a petition, on
331	331	22 motion of the district attorney or the child's parents,
332	332	23 guardian, custodian or attorney or on motion of the court, 2025STATE OF WYOMING25LSO-010316HB0049
333	333	1 the court may order the child to be examined by a licensed
334	334	2 and qualified physician, surgeon, psychiatrist,
335	335	3 psychologist or licensed mental health professional
336	336	4 designated by the court to aid in determining the physical
337	337	5 and mental condition of the child. The examination shall be
338	338	6 conducted on an outpatient basis, but the court may commit
339	339	7 the child to a suitable medical facility or institution for
340	340	8 examination if deemed necessary. Commitment for examination
341	341	9 shall not exceed fifteen (15) days. Any time after the
342	342	10 filing of a petition, the court on its own motion or on
343	343	11 motion of the district attorney or the child's parents,
344	344	12 guardian, custodian or attorney, may order the child's
345	345	13 parents, guardians or other custodial members of the
346	346	14 child's family to undergo a substance
347	347	15 assessment at the expense of the child's parents, guardians
348	348	16 or other custodial members of the child's family and to
349	349	17 fully comply with all findings and recommendations set
350	350	18 forth in the assessment. Failure to comply may result in
351	351	19 contempt proceedings as set forth in W.S. 14-6-438.
352	352	20
353	353	21
354	354	22
355	355	23 2025STATE OF WYOMING25LSO-010317HB00491
356	356	2 (e) Except as otherwise provided, a person convicted
357	357	3 of violating this section shall be ordered to or shall
358	358	4 receive a substance assessment conducted
359	359	5 by a substance provider certified by the
360	360	6 department of health pursuant to W.S. 9-2-2701(c) at or
361	361	7 before sentencing. Notwithstanding any other provision of
362	362	8 this subsection, a nonresident may receive a substance
363	363	9 assessment from a provider certified by
364	364	10 that person's state of residence. The cost of the substance
365	365	11 assessment shall be assessed to and paid
366	366	12 by the offender. Except as otherwise provided in this
367	367	13 subsection or subsection (h) or (m) of this section, a
368	368	14 person convicted of violating this section is guilty of a
369	369	15 misdemeanor punishable by imprisonment for not more than
370	370	16 six (6) months, a fine of not more than seven hundred fifty
371	371	17 dollars ($750.00), or both. On a second offense resulting
372	372	18 in a conviction within ten (10) years after a conviction
373	373	19 for a violation of this section or other law prohibiting
374	374	20 driving while under the influence, he shall be punished by
375	375	21 imprisonment for not less than seven (7) days nor more than
376	376	22 six (6) months, he shall be ordered to or shall receive a
377	377	23 substance assessment conducted by a 2025STATE OF WYOMING25LSO-010318HB0049
378	378	1 substance provider certified by the
379	379	2 department of health pursuant to W.S. 9-2-2701(c) before
380	380	3 sentencing and shall not be eligible for probation or
381	381	4 suspension of sentence or release on any other basis until
382	382	5 he has served at least seven (7) days in jail. In
383	383	6 addition, the person may be fined not less than two hundred
384	384	7 dollars ($200.00) nor more than seven hundred fifty dollars
385	385	8 ($750.00). On a third offense resulting in a conviction
386	386	9 within ten (10) years after a conviction for a violation of
387	387	10 this section or other law prohibiting driving while under
388	388	11 the influence, he shall be punished by imprisonment for not
389	389	12 less than thirty (30) days nor more than six (6) months,
390	390	13 shall receive a substance assessment
391	391	14 pursuant to W.S. 7-13-1302 and shall not be eligible for
392	392	15 probation or suspension of sentence or release on any other
393	393	16 basis until he has served at least thirty (30) days in jail
394	394	17 except that the court shall consider the substance
395	395	18 assessment and may order the person to undergo
396	396	19 outpatient alcohol or substance
397	397	20 treatment during any mandatory period of incarceration. The
398	398	21 minimum period of imprisonment for a third violation shall
399	399	22 be mandatory, but the court, having considered the
400	400	23 substance assessment and the 2025STATE OF WYOMING25LSO-010319HB0049
401	401	1 availability of public and private resources, may suspend
402	402	2 up to fifteen (15) days of the mandatory period of
403	403	3 imprisonment if, subsequent to the date of the current
404	404	4 violation, the offender completes an inpatient treatment
405	405	5 program approved by the court. In addition, the person may
406	406	6 be fined not less than seven hundred fifty dollars
407	407	7 ($750.00) nor more than three thousand dollars ($3,000.00).
408	408	8 The judge may suspend part or all of the discretionary
409	409	9 portion of an imprisonment sentence under this subsection
410	410	10 and place the defendant on probation on condition that the
411	411	11 defendant pursues and completes an alcohol education or
412	412	12 treatment program as prescribed by the judge.
413	413	13 Notwithstanding any other provision of law, the term of
414	414	14 probation imposed by a judge under this section may exceed
415	415	15 the maximum term of imprisonment established for the
416	416	16 offense under this subsection provided the term of
417	417	17 probation together with any extension thereof, shall not
418	418	18 exceed three (3) years for up to and including a third
419	419	19 conviction. On a fourth offense resulting in a conviction
420	420	20 or subsequent conviction within ten (10) years for a
421	421	21 violation of this section or other law prohibiting driving
422	422	22 while under the influence, he shall be guilty of a felony
423	423	23 and fined not more than ten thousand dollars ($10,000.00), 2025STATE OF WYOMING25LSO-010320HB0049
424	424	1 punished by imprisonment for not more than seven (7) years,
425	425	2 or both.
426	426	3
427	427	4
428	428	5
429	429	6
430	430	7 (e) A person convicted of violating this section
431	431	8 shall be guilty of a misdemeanor punishable by a fine of
432	432	9 not more than seven hundred fifty dollars ($750.00). A
433	433	10 person convicted of violating this section a second time
434	434	11 within one (1) year of the first conviction is guilty of a
435	435	12 misdemeanor punishable by imprisonment for not more than
436	436	13 one (1) month, a fine of not more than seven hundred fifty
437	437	14 dollars ($750.00), or both. A person convicted of a third
438	438	15 or subsequent conviction under this section within two (2)
439	439	16 years shall be guilty of a misdemeanor punishable by
440	440	17 imprisonment for not more than six (6) months, a fine of
441	441	18 not more than seven hundred fifty dollars ($750.00), or
442	442	19 both. The court may order the person to undergo a substance
443	443	20 assessment and complete any recommended
444	444	21 treatment for any conviction under this section as a
445	445	22 condition of probation. Notwithstanding any other provision
446	446	23 of law, the term of probation imposed by a judge under this 2025STATE OF WYOMING25LSO-010321HB0049
447	447	1 section may exceed the maximum term of imprisonment
448	448	2 established for the offense under this subsection provided
449	449	3 the term of probation together with any extension thereof,
450	450	4 shall in no case exceed three (3) years.
451	451	5
452	452	6
453	453	7
454	454	8
455	455	9 (b) Except for a violation of subparagraph
456	456	10 (a)(iii)(B) of this section and except as otherwise
457	457	11 provided:
458	458	12
459	459	13 (i) A person who is convicted upon a plea of
460	460	14 guilty or no contest or found guilty of violating paragraph
461	461	15 (a)(iii) of this section is guilty of a misdemeanor
462	462	16 punishable by imprisonment for not more than six (6)
463	463	17 months, a fine of not more than seven hundred fifty dollars
464	464	18 ($750.00), or both, and the person may be ordered to
465	465	19 receive a substance assessment conducted
466	466	20 by a substance provider certified by the
467	467	21 department of health pursuant to W.S. 9-2-2701(c) before
468	468	22 sentencing;
469	469	23 2025STATE OF WYOMING25LSO-010322HB00491 (ii) A person convicted upon a plea of guilty or
470	470	2 no contest or found guilty of a second offense of violating
471	471	3 paragraph (a)(iii) of this section is guilty of a
472	472	4 misdemeanor punishable by imprisonment for not more than
473	473	5 one (1) year, a fine of not more than one thousand dollars
474	474	6 ($1,000.00), or both, and the person shall be ordered to
475	475	7 receive a substance assessment conducted
476	476	8 by a substance provider certified by the
477	477	9 department of health pursuant to W.S. 9-2-2701(c) before
478	478	10 sentencing;
479	479	11
480	480	12 (iv) In the event a substance
481	481	13 assessment ordered pursuant to this section is provided by
482	482	14 an entity with whom the department of health contracts for
483	483	15 treatment services, the costs of the assessment shall be
484	484	16 paid by the offender subject to the payment policies
485	485	17 adopted pursuant to W.S. 35-1-620; provided however, if the
486	486	18 assessment is ordered as a result of a felony conviction
487	487	19 under this section, the assessment shall be conducted and
488	488	20 costs assessed pursuant to W.S. 7-13-1301, et seq.;
489	489	21
490	490	22. W.S. 5-12-107(c)(ii) and 5-12-109(a) and
491	491	23 (b)(i) through (iv) are repealed. 2025STATE OF WYOMING25LSO-010323HB00491
492	492	2The supreme court may promulgate
493	493	3 additional rules necessary to implement this act. It is the
494	494	4 intent of the legislature that the supreme court make any
495	495	5 necessary requests to support court supervised treatment
496	496	6 programs as provided by this act in its biennial budget
497	497	7 request.
498	498	8
499	499	9This act is effective immediately upon
500	500	10 completion of all acts necessary for a bill to become law
501	501	11 as provided by Article 4, Section 8 of the Wyoming
502	502	12 Constitution.
503	503	13
504	504	14 (END)